| I am transferring ownership of my flat, and my housing society in Mumbai is demanding a transfer fee that seems higher than permitted. What are the applicable rules? |
If your housing society is charging an excessive transfer fee in Mumbai, you're right to question it — cooperative housing societies cannot charge whatever they wish, as transfer fees are strictly regulated. Under the Maharashtra Cooperative Societies Act, 1960 and the model bye-laws, the maximum transfer fee a society can legally charge is capped at ₹25,000, though a separate "transfer premium" can be levied only if it has been approved by the general body through a specific resolution.
If your society is demanding an amount beyond this cap without proper resolution or documentation, it constitutes an illegal levy, and you can refuse to pay the excess or pay under protest while challenging it. The appropriate remedy is filing a complaint with the Deputy Registrar of Cooperative Societies, who has authority to direct societies to comply with prescribed fee structures.
Request the specific resolution authorizing the transfer premium in writing; societies are legally obligated to disclose this if asked. Persistent illegal charging can also be challenged through the Cooperative Court, especially if it's obstructing your property transaction.
Since bye-law violations require precise documentation to challenge effectively, reach out via Aapka Legal Advice for help reviewing your society's demand and drafting a formal complaint.
Don't let an excessive transfer fee in Mumbai hold up your property transfer — the law is clearly on your side when limits are exceeded.